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Ministry of Justice of Ukraine 

 October 22, 2013

No. 1796/24328

DECISION OF THE NATIONAL COMMISSION ON SECURITIES AND STOCK MARKET OF UKRAINE

of October 1, 2013 No. 2073

About approval of the Regulations on procedure for converting of securities of institute of joint investment

(as amended on 14-09-2017)

According to Item 3 parts one of Article 7 and Item 13 of article 8 of the Law of Ukraine "About state regulation of the security market in Ukraine", the Law of Ukraine "About institutes of joint investment" the National commission on securities and the stock market RESHILA:

1. Approve Regulations on procedure for converting of securities of institute of joint investment which are applied.

2. To provide to department of general investment and regulation of activities of institutional investors (A. Simonenko) submission of this decision on state registration in the Ministry of Justice of Ukraine.

3. To provide to management of information technologies, external and internal communications (A.Zaik) promulgation of this decision on the official site of the National commission on securities and the stock market and publication in the official printing publication of the National commission on securities and the stock market.

4. This decision becomes effective since January 1, 2014.

5. Control over the implementation of this decision to assign to members of the National commission on securities and A. Amelin, A. Tarasenko's stock market.

Commission chairman

D. Tevelev

Approved by the Decision of the National commission on securities and the stock market of Ukraine of October 1, 2013 No. 2073

Regulations on procedure for converting of securities of institute of joint investment

I. General provisions

1. This Provision establishes requirements to procedure for converting of securities of one institute of joint investment into securities of other institute of joint investment which assets are in management of one company on asset management.

2. In this Provision the stated below term is used in such value:

retirement of securities of institute of joint investment - reduction in the address of quantity of securities of institute of joint investment owing to their redemption the issuer.

Other terms which are used in this Provision are applied in the values given in the laws of Ukraine and regulatory legal acts of the National commission on securities and the stock market (further - the Commission).

3. Converting of securities of institute of joint investment is performed at the initiative of the owner of securities which are withdrawn from circulation owing to converting, based on the application submitted by it on converting. Reception of applications on converting of securities of institute of joint investment is made by the company on asset management (further - the Company) which exercises asset management of the relevant institutes of joint investment, or the dealer in securities who is placement agent and the redemption of securities of the relevant institutes of joint investment.

Converting of securities of venture institutes of joint investment into securities of any institutes of joint investment, and also converting of securities of institutes of joint investment into securities of venture institutes of joint investment are forbidden.

The application is submitted by physical persons according to appendix for converting 1, by legal entities - with appendix 2 to this Provision.

Applications on converting are not withdrawn.

4. Converting of securities of institutes of joint investment is performed under following conditions:

the number of securities of institute of joint investment on the account in securities in Central Securities Depository on which exchange is performed is sufficient for allowance of the application on converting;

the possibility of satisfaction of statements on converting of securities of institute of joint investment is provided by prospectuses of the issue of securities of institutes of joint investment.

5. General estimated cost of securities of institute of joint investment which owing to converting are acquired by the investor cannot be less than the total settlement cost of securities of institute of joint investment which owing to converting are withdrawn from circulation.

6. Payment of cost of securities of institute of joint investment which are acquired as a result of converting is performed at the expense of money.

7. Converting is performed at the settlement cost of securities of institute of joint investment determined on the date of filing of application on converting according to requirements of regulatory legal acts of the Commission.

II. Procedure of converting of securities of institute of joint investment

Converting of securities of institute of joint investment is performed on the following stages:

1) submission of securities of institute of joint investment by the owner which are withdrawn from circulation owing to converting, the statement on converting of the securities of institute of joint investment belonging to it (appendices 1, of 2);

2) determination by the Company during the same working day when the application on converting, opportunity or impossibility of its satisfaction is received;

3) in case of possibility of allowance of the application on converting with person who submitted such application (further - the Applicant), the agreement of converting (further - the Agreement) is signed according to which:

The applicant shall:

within one working day from the date of the conclusion of the Agreement to perform surcharge in difference amount between total cost of the securities acquired under the Agreement and total cost of securities which are withdrawn from circulation owing to agreement performance (in case of its availability);

in the terms determined by the Agreement to perform all actions for delivery to the issuer of securities which are withdrawn from circulation owing to agreement performance, and receipt of the securities acquired under the Agreement;

The company shall:

no later than three working days from the date of transfer into the account of the issuer of securities which are withdrawn from circulation owing to agreement performance to transfer funds for such securities from the account of such institute of joint investment, and also the surcharge amount (in case of its availability) into the account of institute of joint investment which securities are acquired by the investor owing to converting;

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